Emptio et venditio

Purchase and sale ; sometimes translated "eruption and vendition." The name of the contract of sale in the Roman law.

Inst. 3, 23 ; Bract, fol. 616.

Sometimes made a compound word, emptio-venditio.—'Em.-piio rel speratce. A purchase in the hope of an uncertain future profit; the purchase of a thing not yet in existence or not yet in the possession of the seller, as, the cast of a net or a crop to be grown, and the price of which is to depend on the actual gain. On the other hand, if the price is fixed and not subject to fluctuation, but is to be paid whether the gaiu be greater or less, it is calied emptio spei.

Mackeld. Rom. Law, §400.